Category: depression

Brodie’s Law on bullying needs more consideration for workplace application

Recent attention on the presentation of the Crimes Amendment (Bullying) Bill 2011 to the Victorian Parliament has, understandably, focussed on the changes to the criminal code. However some of that attention should also have been given to the existing rules and control measures under workplace law, particularly considering that the proposed amendments, commonly referred to as Brodie’s law, are being described in the context of workplace bullying.

WorkSafe Victoria’s 2005 guidance on workplace violence and bullying specifies what elements of the Crimes Act 1958 could be relevant to workplace bullying:

  • Intentionally or Recklessly Causing Serious Injury
  • Intentionally or Recklessly Causing Injury
  • Threats to Kill
  • Threats to Inflict Serious Injury
  • Stalking

The inclusion of the last item may surprise some who have been reading only the newspaper coverage of Brodie’s Law as there was a clear implication that the application of stalking to workplace bullying was new.

Law firm Clayton Utz reminds us that workplace bullying remains undefined in the Crimes Act and that the Bill

“… extends the definition of the pre-existing offence of stalking by expanding the definition of that offence to pick up the type of behaviours that are typical of workplace bullying.”

If the Bill passes the Victorian Parliament, the OHS regulator will need to amend its advice on workplace bullying to reflect the expanded definition of stalking. But as can be seen by the bullet points above, changes to guidance may be minor as stalking is already seen as a potential element of workplace bullying. Continue reading “Brodie’s Law on bullying needs more consideration for workplace application”

Australian lawyers comment on Brodie’s Law

Clayton Utz lawyers have looked at Victoria’s new bullying-related law changes for their relevance to workplace safety management and have found the following.

“Is this an issue for employers?

Yes and no.

Theoretically, even before these proposed amendments, certain types of workplace bullying already fell within the definition of stalking.  In one sense, therefore, this doesn’t change the situation much – employers already had the potential problem of, for example, dealing with keeping apart at work a victim and stalker subject to an intervention order.

In another sense, this is clearly an important change.  More types of workplace bullying are now criminalised, and public awareness of bullying issues will certainly have been increased by the publicity surrounding this Bill.  We can therefore expect a rise in complaints and the number of victims coming forward, and not just in Victoria, as other States and Territories have stalking laws that could cover at least some types of workplace bullying.”

Clearly the awareness of bullying in the workplace is already high but these laws are likely to make the management of this issue more complex and and challenging. Continue reading “Australian lawyers comment on Brodie’s Law”

Evidence on the need for safe job design

One reader has provided an example of recent research that supports the previous SafetyAtWorkBlog article on the importance of quality and safety in job creation.

In the March 2011 online edition of the Occupational & Environmental Medicine journal, Australian researchers have analysed data concerning “the psychosocial quality of work”.  According to an accompanying media release (not available online yet) they found that

“The impact on mental health of a badly paid, poorly supported, or short term job can be as harmful as no job at all…” Continue reading “Evidence on the need for safe job design”

Raising awareness about stress instead of controlling it

In March 2011, in response to one of the several Stress Awareness Days, HRLeader magazine ran an edited version of a Personnel Today article called “5 steps to tackle employee stress”.  The Personnel Today had “6 steps”, so are Australian readers being ripped off?

Personnel Today included a step called “Refer the Health and Safety Executive’s management standards”.  HRLeader’s editor must have made the call that HSE information is geographically specific and therefore not relevant to Australia but the change is more indicative of the fact that Australia does not have anything to match the HSE management standards to help control stress.  According to the HSE website:

“….the six Management Standards cover the primary sources of stress at work. These are:

Grief guidance got right

A reader has pointed out an excellent guidance on managing situations after the sudden loss of a work colleague or family member, following on from a recent SafetyAtWorkBlog article.

In 2004 Skylight and New Zealand’s Accident Compensation Commission published “Death Without Warning – After an Accidental Death”.  This book (only available for purchase) is an excellent guidance that provides advice on managing grief-stricken staff at the same time as providing some dignity.

Significantly the guidance is contemporary with current support practices.  There is none of this rubbish about “closure”, or “getting over it”.  It also acknowledges that men and women grieve differently and that each individual grieves in their own personal way, a way that those who provide support must accommodate and understand.

The guidance has a 2nd edition which can be purchased online and, on receipt of our copy, will be reviewed here.

The guidance has a particular poignancy following the recent fatal earthquakes in Christchurch, New Zealand where many were killed as their workplaces collapsed.

Research Paper

For those readers who are, perhaps, researching in this area of occupation well-being or workplace mental health, one research article that is worth digging up is a 2010 paper by several Australian researchers called “Loss and grief in the workplace – What can we learn from the literature?” Continue reading “Grief guidance got right”

You can lead a stressed horse to water……

England’s Trades Union Congress (TUC) released results of a survey of union representatives on 24 February 2011 that shows that workplace stress is

“now by far the most common health and safety problem at work.”

Even taking into consideration the inherent bias of such union surveys of reps, the figures are significant.  The 24 February 2011 media release states:

“Nearly two thirds (62%) of reps say that stress is in the top five problems faced by the workers they represent and more than a quarter of reps (27%) pick out stress as the hazard at work that most concerns them.  Another recent report from the British Academy states that the global economic downturn is to blame for the soaring stress levels due to the sharp rise in job strain and job-insecurity; both determinants of work-related stress. In the last 2 years, work stress levels rose by more than 4%, compared to the previous rises of 0.1% from 1992 to 2009.” [link added]

So what can be done to reverse this trend?

If the global economic downturn has generated increased stress levels, OHS practitioners and activists need to look at the big picture and begin pushing for better economic health – an action that, outside of the union movement, hardly ever gets a mention.

If OHS principles are based around the need to eliminate hazards then OHS professionals should be strong advocates of sustainable development where the mental health of workers needs as much support for sustainability as the environment receives, if not more. Continue reading “You can lead a stressed horse to water……”

Mental health initiative needs broader remit

One of the fastest growing areas of occupational health and safety is psychological wellbeing. This goes under many different titles, brands and trademarks but mental health seems to be the dominant term at the moment. On 22 December 2010, the Australian Government faced the reality of the issue and created a mental health working group that includes many of the government’s harshest critics, including 2010 Australian of the Year, Professor Paddy McGorry.

This is a positive initiative but as with much of the recent criticism of mental health, workplace mental health often draws the short straw. There is a belief that social policies flow to the workplace but we know that this is not the reality.   If it was, OHS laws would not have been required, as social morality would have ensured that workers were safe without governmental intervention. Continue reading “Mental health initiative needs broader remit”

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